9. Belgium recommended that Malaysia ‘’Withdraw reservations to articles 2 and 7 of the CRC to ensure to everyone the right to a name and nationality through universal birth registration”.10 This recommendation which was noted by Malaysia Malaysia’s International Obligations 10. Malaysia is a party to only three of the core human rights instruments: the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Convention on the Rights of the Child (CRC), and Convention on the Rights of Persons with Disabilities (CRPD). 11. Many of Malaysia’s obligations as enshrined in the CEDAW, CRC and CRPD are provided for by existing domestic legislation. However, these are usually not applied in practice. 12. Malaysia has not yet acceded to other important international human rights instruments. For example, Malaysia is not a party to the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), the Convention against Torture (CAT), the 1951 Convention relating to the Status of Refugees (Refugee Convention), the 1954 Convention relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness and the ILO Convention No. 169 on Indigenous and Tribal Peoples, among others. 13. The human rights instruments to which Malaysia has acceded – CEDAW, CRC and CRPD – provide for the right to a nationality and equal nationality rights between women and men. However, the State has placed reservations on relevant provisions of these instruments as follows: I. CRC: Article 2 (non-discrimination); Article 7 (name and nationality); Article 14 (freedom of thought, conscience and religion); Article 28(1)(a) (free and compulsory education at the primary level); and Article 37 (freedom from torture or other cruel, inhuman or degrading treatment or punishment and arbitrary detention). Malaysia has also stated that the application of the CRC at national level is subject to its compatibility with the Federal Constitution of Malaysia (Federal Constitution).11 II. CEDAW: Article 9(2) (nationality of children); Article 16(1)(a) (right to enter into marriage); Article 16(1)(c) (rights during marriage and dissolution); Article 16(1)(f) (guardianship); Article 16(1)(g) (same personal rights between spouses); and Article 16(1)(h) (same property rights for spouses). Malaysia has also stated that the application of CEDAW in Malaysia is subject to compatibility with the Federal Constitution and Syariah (Islamic) law. III. CRPD: Article 15 (freedom from torture, or cruel, inhuman or degrading treatment or punishment) and Article 18 (freedom of movement and nationality). 14. At its previous UPR in 2013, Malaysia rejected recommendations to remove the abovementioned reservations to the CRC, CEDAW and CRPD, and to accede to the remaining core human rights instruments, including the ICCPR, ICESCR, CAT and ICERD.12 10 UPR Info responses to recommendations https://www.upr-info.org/sites/default/files/document/malaysia/session_17__october_2013/recommendations_and_pledges_malaysia_2014.pdf 11 Federal Constitution of Malaysia, 31 August,1957, available at http://www.refworld.org/docid/3ae6b5e40.html 12 Human Rights Council, Report of the Working Group on the Universal Periodic Review of Malaysia – Addendum, UN Doc. A/HRC/25/10/Add.1, Paras 8-10. 4